Authors : Mazlina Mahali, Ramalinggam Rajamanickam and Anisah Che Ngah
Abstract: Section 112 of the Malaysian Evidence Act 1950 provides for conclusive proof of legitimacy of a child born or conceived during subsistence of a valid marriage where a husband of a married woman is determined as the legal father of the child. Although, the provision provided for lack of sexual access as a rebuttable fact that can be admitted in court, a thorough analysis into this provision showed that it present significant legal issues that need to be advanced in the context of modern development of scientific evidence. The aim of this study is to identify and highlight the legal issues concerning the presumption. The nature of methodology used is purely qualitative and doctrinal. This study concluded that revamp of the provision is desirable, principally owing to the best interest the child.
Mazlina Mahali, Ramalinggam Rajamanickam and Anisah Che Ngah, 2016. Who’s Your Daddy? The Legal Issues on Presumption of Legitimacy in Malaysia. The Social Sciences, 11: 7300-7304.